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HomeMy WebLinkAbout14-1179 Supreme Court of Pennsylvania Coue Cam n Pleas County The information collected on this form is used solely for court administration prapos•es. This form does not supplement or replace the filing and service of pleadings or other• papers as required b . V law or rules of court. Commencement of Action: For Prothonotary Use Only: ?; ttf• ST Docket No: ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin County The information collected on this form is used solely for court administration prapos•es. This form does not supplement or replace the filing and service of pleadings or other• papers as required b . V law or rules of court. S E C T I O N M Nature of the Case Place an ")C" to the left of the ONE case category that most accurately describes your Commencement of Action: y ou consider most important TORT (do not include Mass Tort) ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin E Lead Plaintiff's Name: Lead Defendant's Name: C CitiMortgage, Inc., successor by merger with ABN Michael Hilbish, et al T AMRO MORTGAGE GROUP, INC. I O Are money damages requested. [I Yes ®No Dollar Amount Requested: El within arbitration limits check one ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Robert W. Williams, Esquire ❑ Toxic Tort — DES ❑ Toxic Tort —Implant ❑ Toxic Waste ❑ Check here if you have no attorney (are a Self - Represented [Po Se) Litigant) S E C T I O N M Nature of the Case Place an ")C" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that y ou consider most important TORT (do not include Mass Tort) CONTRACT (do not include judgments) CIVIL APPEALS ❑ Intentional ❑ Malicious Prosecution El Motor Vehicle Nuisance ❑ Premises Liability ❑ Product Liability (does not include ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card Debt Collection: Other E] Debt Administrative Agencies E Board of Assessment Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other - mass tort) ❑ Slander /Libel/Defamation ❑ Other: ❑ Zoning Board ❑ Other: MASS TORT ❑ Asbestos ❑ Other: ❑ Tobacco ❑ Toxic Tort — DES ❑ Toxic Tort —Implant ❑ Toxic Waste MISCELLANEOUS ❑ Common Law /Statutory Arbitration REAL PROPERTY ❑ Ejectment ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Mandamus ❑ Non - Domestic Relations Restraining Order ❑ Quo Warranto PROFESSIONAL LIABILITY ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other. ❑ Medical ❑ Other: ❑ Other Professional: PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 MILSTEAD & ASSOCIATES, LLC IHONOTAR BY: Robert W. Williams, Esquire 2014 ; ID No. 315501 1 E. Stow Road C'UM E LAND COUNT`,' Marlton, NJ 08053 PENNSYLVANIA (856) 482 -1400 Attorney for Plaintiff CitiMortgage, Inc., successor by merger COURT OF COMMON PLEAS with ABN AMRO MORTGAGE GROUP, CUMBERLAND COUNTY INC. ' 1000 Technology Drive . • O'Fallon, MO 63368, (1 No.: 1 Plaintiff, CIVIL ACTION MORTGAGE Vs. FORECLOSURE i Michael Hilbish 4 Ellen Drive Enola, PA 17025, and Jennifer A. Hilbish 4 Ellen Drive Enola, PA 17025, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, CitiMortgage, Inc., successor by merger with ABN AMRO MORTGAGE GROUP, INC. (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1000 Technology Drive, O'Fallon, MO 63368. 2. Defendants, Michael Hilbish and Jennifer A. Hilbish, (collectively, the "Defendants "), are adult individuals and are the real owners of the premises hereinafter described by virtue of a 9 Deed dated September 9, 2003, recorded September 22, 2003 in Deed Book 259, Page 2038. The av � K Deed is attached hereto as Exhibit "A" and made a part hereof. r ✓. / C� 3. Defendant Michael Hilbish, upon information and belief, resides at 4 Ellen Drive, Enola, PA 17025. Defendant Jennifer A. Hilbish, upon information and belief, resides at 4 Ellen Drive, Enola, PA 17025. 4. On September 11, 2003, inconsideration of a loan in the principal amount of $122,075.00, the Defendants executed and delivered to ABN AMRO MORTGAGE GROUP, INC., A DELAWARE CORPORATION, a note (the "Note ") with interest thereon at 5.875 percent per annum, payable as to the principal and interest in equal monthly installments of $722.12 commencing November 1, 2003. The Note is attached hereto as Exhibit `B" and made a part hereof. 5. To secure the obligations under the Note, the Defendants executed and delivered to ABN AMRO MORTGAGE GROUP, INC. a mortgage (the "Mortgage ") dated September 11, 2003, recorded on September 22, 2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1837, Page 0363. The Mortgage is attached hereto as Exhibit "C" and made a part hereof. 6. The Mortgage secures the following real property (the "Mortgaged Premises "): 4 Ellen Drive, Enola, PA 17025. A legal description of the Mortgaged Premises is attached hereto as Exhibit "D" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due August 1, 2012, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Principal Balance ................. .....................$94,733.89 Accrued but Unpaid Interest from 7/1/12 to 2/6/14 ...................... ......................$8,888.44 Escrow Advance Balance ...... ......................$3,227.96 Servicing Fees .......................... .........................$80.68 TOTAL as of 02/06/2014 .... ....................$106,930.97 Plus, the following amounts accrued after February 6, 2014: Interest at the Rate of 5.875 percent per annum ($15.2483 per diem); Late Charges per month if applicable. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ( "Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 4 Ellen Drive, Enola, PA' 17025 on October 1, 2013, the notice pursuant to § 403 -C of Act 91, and the applicable time periods therein have expired. The Act Notices are attached hereto as Exhibit `B" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $106,930.97, plus the following amounts accruing after February 6, 2014, to the date of judgment: (a) interest of $15.2483 per day, (b) late charges per month if applicable, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. STEAD & ASSOCIATES, LLC Date: 2- Robert W. Williams, Esquire Attorney for Plaintiff VERIFICATION Jorge G Orrantia , hereby states that he /she is employed as a Vice President — Document Control of CitiMortgage, Inc., successor by merger with ABN AMRO MORTGAGE GROUP, INC., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT: By: Print: Jorge G. antia Title: Vice President — Doc ent Control Employed by: CitiMortgage, Inc. Plaintiff. CitiMortgage, Inc., successor by merger with ABN AMRO MORTGAGE GROUP, INC. Date: / File #: 88.31958 Name: Michael Hilbish Jennifer A. Hilbish Exhibit A O REDS i "3�RLAND COUNTY 33 SEP 2a nn.1.p 97 1 MADE the 9 day of September in the year two thousand three (2003) i BETWEEN DAVID C. SMIPSON, widower and unmarried, of Summerdale, Pennsylvania, f � f Grantor i I and MICHAEL HILBISH and JENNIFER A. HILBISH, his wife, of Enola, Pennsylvania, as tenants by the entireties, Grantees WITNESSETH, That in consideration of------------ONE HUNDRED TWENTY -EIGHT THOUSAND FIVE HUNDRED-- ---------------- -- - - -- --- --- ($128,500.00) DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, their heirs and assigns, ALL that certain tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point on the Northeastern line of Ellen Drive on the hereinafter mentioned Plan of Lots at the dividing line between Lots Nos. 4 and 5 on said plan; thence by the line of Ellen Drive, North 44 deg. I min. West, 100.19 feet to a point; thence by the dividing line between Lots No. 5 and 6 on said plan, North 62 deg. 49 min. East, 173.75 feet to a point; thence taw Qffm by the dividing line between Lots No. 3 and 5 on said plan, South 40 deg. 30 min. East, 40 feet to GERPLOKMOf6aSCN a point; thence by the dividing line between Lots No. 3 and 5 on said plan, South. 49 deg. 30 min. a ` b ° West 30 feet to a point; thence by the same, South 40 deg. 30 min. East, 20 feet to a point; thence Now Sbaff ,RA roan 259 M2039 I i I AND the said grantor will specially WARRANT AND FOREVER DEPEND the property hereby conveyed. IN WITNESS WHEREOF, said grantor has hereunto set his hand and seal, the day and year first above- written. Sealed and delivered in the presence of r r (SEAL) AVID C. SIIv p N (SEAL) (SEAL) CERTIFICATE OF RESIDENCE I hereby certify, that the precise residence of the grantees herein is as follows: K GI1en br<t,e . Lnotl Pft 17d2S Attorney or Agent for Chantees tax Ol6orts GERALD K 180MGM Cotter sq-m Neµ. BWnttArJO, fi\ 170M State of Pennsylvania SS: County of P-"A� On this, the f A day of September 2003, before me the undersigned officer, personally appeared David C_ Simpson, widower and unmarried, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my h s ?71,41 00 My Co 'scion Expires NOTARIAL SEAL DAWN E FAUBEFe Notary Pub4c Spdngettsbusy Tap., Yodc C=V M COMMisslon WM My 1, 210f1 MOOR 259 MOO orxuo K VDR99M ' Y cenla AQ Elan 232 :.t, r 1 — - ;r New ebOMUICL PA "�'•'� ;,. . 1?0se by the dividing line between Lots No. 4 and 5 on said plan, South 49 deg. 30 min. West 132.94 feet to a point, the place of BEGINNING, being Lot No. 5 in the Plan of Lots of Sherwood Paris, Section 1, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 12, at Page 29. The Plan of Sherwood Park is the same Plan of Lots laid out by Theodore E. Sgrignoli, et ux, and designated as Nola Acres. SUBJECT TO such easements, restrictions and conditions that may apply to the afore - described tract of land, recorded or unrecorded. BEING the same property conveyed to David C. Simpson and S. Louise Simpson, husband and wife, by deed of James K. Pasquarette, et ux, dated August 5, 1996 and recorded in Cumberland County Deed Book 143 at Page 941. The said S. Louise Simpson died on December 13, 2001 thereby vesting title absolutely in David C. Simpson, Grantor herein. 1 ccri.t;y tilis to be a-ecorded 117 Cliniki-laild Cotrilty pA '7' Lam Recorder of Deeds --i n n r g LQ) :.s ' iJl .C•�� S Hi GERALD K MOMUSft ,— O cffwaquam MwBkm7Add.PA W60K 25 PAa204J. ` 3 17068 tD art. +A W ro N �i� o �41M W/V is r -��.7 M tq d 41 C3 O C� O L+1 LA Cf � cz, LR rte C7 C? C74 �S4 oOK? 0�3 Q C i Exhibit B NOTE SEPTEFIDER 11, 2003 PALMYRA, PENNSYLVANIA jDate) [City] [state] 4 ELLEN DRIVE, EROLA, PA 17025 [Property Address] 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. $122,075.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The tender Is ABN AMRO MORTGAGE GROUP, INC., A DELAWARE CORPORATION. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.8753. �z The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments ,. 1 will pay principal and - interest by making a payment every month- I will make my monthly payment on the 1sT day of each month beginning on NOVEMBER 1, 2003. 1 will make these payments every month until I have paid all of the principal and interestand any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on OCTOBER 1, 2033, 1 still owe amounts under this Note, 1 will pay those amounts In full on that date, which is called the "Maturity Date." I will make my monthly payments at 4242 B. HARLEM AVE. BORRIDGE, IL 60706 ATTAs CASHIERING or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $722.12. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a °Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. i may not designate a payment as a Prepayment it I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If i make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAIL URE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, i will pay a late charge to the Note Holder. The amount of the charge will be 5.0008 of my overdue payment of principal and interest. I will pay this late charge promptly butonly once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If t am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even ii, at a time when i am in detault, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so ff 1 am in default at a later tune. Initialer /7J. MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form3200110/ ,fine Doeurneeft lnm Page l of 2 F32OMT 0208 V� f°>z (E) Payment of Note Holder's Costs and tcpenaes If the Note Holder has required me to pay immediately in full as described above, the Note Holderwill have the right to be paid back by me foratt df its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above ar at a different address it I am given a notice of that different address, B OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amountowed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person Individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9, WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and underwhat conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest In the Property is sold or transferred (ord Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's priorwriten consent, Lender may require immediate payment In full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender 9 such exercise is prohibited by Applicable taw. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. N Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrumentwlthout further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED (Seal) MICHAEL HILBISH PAYrO r (seal) h'E OgDEp OF ► LBI H � M 0 ecoull OTAR AL SEAL ' QAGlr DAWN E. FAUBERE, Notary Public GpOU ,, INC Sptingetsbury Twp., `fork County my Cammisslon ttoe May 1, 2007 4 T Vt - RESIDEN r [Sign Original Only) MULTISTATE FIXED RATE NOTE -Single Famlly- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 32001/01 ®1999.2002 Onrere Documents Ina Page 2 Of 2 Fs200N0T Exhibit C " Ut ' ZIEGLER ° "F-CORDER OF DEEDS JM2 — BLAND OOIJNTY , m3 SEP 22 fifl 10 47 Khan recorded nail to: ASK AMRO MORTGAGEE GROUP, INC. P.O. BOX 5064 TROY, MICHIGAN 48064 ATTHeFINAL /TRAILING DOCUMENTS [Space Above This Lh% For R.careff" Dab] M O RTGAGE DEFINMONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "5ocurlty Inaftment" means this document, which is dated ssPzDm= 11, 2003, together with all Riders to this document. (B) "001TOwer'° is MICRAEL HILDISH, A MARRIED COUPLE AND JENNIFER A NILBISH, A MARRIED COUPLE. Borrower is the mortgagor under this Security Instrument. (C) "Lander" is ABN ANRO MORTGNM GROUP, INC. I m Sow la a Lr PF. t�WS1RVANtA- Single Fal�iy- Foru[ keMao/ FnddtoMa e:lINIFORMIIiSTR11R1ENT i'nrmaoc�til/Of 0 1999 -2002 Ordlne Documents. Ina Pago 1 Of 16 PAUDN6D PAl1DEDL 0211 9Ki837PGO363 i + r . Lender is a CORPORATION organized and existing under the laws of DELAWARE. Lender's address is 2600 W. BIG MMVBR RD., TROY, MICHIGAN 48084. Lender Is the mortgagee under this Security Instrument (D) "Nola" means the promissory note signed by Borrower and dated SBPTzMBER 11, 2003. The Note states that Borrower owes Lender * * OKE HUNDRED TBERTY TWO THOUSAND S8VXNTY FIVE AND Dollars (U.S. $122,075.00 plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2033. (q "Property" means the property that is described below underthe heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that am executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: =Adjustable Rate Rider =Condominium Rider =Second Home Rider = Balloon Rider =Planned knit Development Rider OOther(s) [specify] =1-4 Family Rider =Biweekly Payment Rider (t) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, none appealable judicial opinions. (1) "Community Association Dues, Foos, and Aaaaaamenw means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) " EleftanieFundsTransf or" meansanytransferaffundo, otherthanatransactionodginatedbycheck, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, Instruct, or authorize a financial institution to debit or credit an account Such term Includes, but is not limited Are, point-of-sale transfers, automated teller machine transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers. (1C) "Escrow Itoma" means those items that are described In Section 3. (L) "Miscellaneous Proceeds' means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid under the coverages described In Section 5) for: @ damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (n►) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Inauranoe" means insurance protecting Lender againstthe nonpaymentaf, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for n principal and interest under the Note, phis Qk) any amounts under Section 3 of this Security Instrument Initialsr PENNSYLVANIA- Single Family-FannN MaWredd(s 1bo UNIFORM INSTRUMENT Form 3039 iXn 0 10e -2002 onlhw oocumonts, Inc. Page 2 of 16 PAtmEaL 9K1837 FIG 0364 � r (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.—. —. v& Q¢4.) c" fu ua Implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. - (P) "Successor in Interest of Borrower" means any party that has taken title to the Properly, whether or not that party has assumed Borrower's obligations under the Note and /or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment ofthe Loan, and all renewals, extensions and modifications of the Note; and (I) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COEwT [Type of Recording Jur[adidoni of CUMBERLAND [Name of Recording Jurkdclion]: SSE LEGAL DESCRIPTION ATTACHED HBROTO AND MADE A PART HBREOB. • I i which currently has the address of 4 ELLEN D RIVE, SNOT A, (Stredl [CRY) Pennsylvania 17025 ( "Property Address")' [Zip Coda] TOGETHER WITH'all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing Is referred to in this Security Instrument as the 'Property." BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrowerwarrants and wit defend generally the title tothe Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurlsdiction to constitute a uniform security instrument covering real pro Initialsr ^, � PENNSYLVANIA - angle Famity —Famle MaelfWdls Use UNIFORM INSTRUMENT Form 3=91/01 0 1OW2Dn2 Inc. Page 3 of 16 PA SK t 837PGO365 UNIFORM COVENANTS. Borrower and Render covenant and agree as follows: 1. Payment of Principal, interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section S. Payments due under the Note and this Security instrument shall be made in U.S. currency. However, If any check or other instrument received by Lender as peymeM under the Note or this Security Instrument Is returned to Lender unpaid, gender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity: or (d) Electronic Funds Transfer. Payments are deemed received by lender when received at the location designated In the Note or at such other location as may be designated by Lender In accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, withoutwaiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of Its scheduled due date, then lender need not pay interest on unapplied funds. Lender may hold such unapplied funds unfit Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. if not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or In the future against Lender shag relieve Borrower from making payments due underthe Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwrise described in this Section 2, all payments accepted and applied by L.endershall be applied in the following order of priority: (a) Interest '. due un der the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, gender may apply any payment received from Bommw to the repayment of the Periodic Payments if, and to the extentthaL each payment can be paid in U. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shag pay to tender on the day Periodic Payments are due under the Note, until the Note is paid In full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrumant initialer PENNSYLVANIA -inglo Family- Farmle MselFmddlo LUG UMFORM 81MUMENT Fam 3039 lief ® 1OW2002 Ongne Documents. Ina Page 4 of 16 PAUDEDL 9K i 837 PGO366 as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Prop". if any; (c) premiums for any and all insurance required by lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items," At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrcm Items at any time. Any such waiver may only be in writing. in the event of such waiver, Borrower shall pay directly, when and where payable, the amounts dueforany Escrow Items forwhich paymentof Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuantto awaiver, and Barrowerfaft to pay theamountdueforan Escrow item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9torepaytoLenderanysuchamount Lender mayrevokethewaiverastoanyorall Escrow Items atanytime bya noticegiven in accordancewith Section 15 and, upon such revocation, Borrower shall pay to Lender ar Funds, and In such amounts, that are then required under this Section Lender may. at anytime, collect and hold Funds in an amount (a) sufficlentto permit Lenderto apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Low. The Funds shall be held in an institution whose deposits are Insured by a federal agency, instrumentality, or entity (including Lender, if Lender Is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. L.endershall not charge Borrowerfor holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lenderto make such a charge. Unless an agreement is made in wilting or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required ,by RESPA. If there is a surplus of Funds held In escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held In escrow, as defined under RESPA, Lender shag notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount neoessary to make up the shortage in accordance with RESPA, but in no more than 12 monthypayments. If there is a deficlencyof Funds held in escrow, as defined under RESPA; Lendershall notify Barroweras required by RESPA, and Borrower shall pay to Lenderthe amount necessaryto make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. IaiEia i �, PENNSYLVANIA -3ingk Farniy -FaemN lWr/Pfyddla Use UNU=0Hi1 1N87AUAlE.NT Farr aaas �/pl '�IT" - m 1&98 Onflne Documents, km Page a of 16 PAUDEDL 8K 1837PGO367 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly rerun to Borrower any Funds held by Lender, 4. Charges; dens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shag promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lander, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the Ilan while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subjectto a Den which can attain priority overthis Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above In this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and /or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shag keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,' and any other hazards Including, but not limited to, earthquakes and floods, for which Lander requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to: disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occurwhich reasonably might affect such determination or certification. Borrower shaft also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. It Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, orthe contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lander under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shag be payable, with such interest, upon notice from Lender to Borrower requesting payment Initials: PENNSYLVANIA -481n& Family- Fannin MaelFroddle Mae UMFORM MTRUMENT Form 3039 1/011 ®1989.2002 Online Documents, Inc. Page 6 of 16 PAUDEDL $K t 837PGO368 All insurance policies required by Lenderand renewals of such policies shall be subject to bender's right to disapprove such polities, shall include a standard mortgage clause, and shall name Lender as mortgagee and /or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of Insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and /or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the Insurance csarrier an d Lender. Lender may make proof of toss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whetheror not the underlying insurance was required by Lander, shall be applied to restoration or repair of the Property, if the restoration or repair is economic* feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work Is completed. Unless an agreement is made in writing orAppldcable Law requires Interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any interestoreamings on such proceeds. Fees for public adjusters, orotherthlyd parties, retained by Borrower shall not be paid out ofe insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair Is not economicallyfeasible or Lender's security would be lessened, the insurance proceeds shall be app&edto the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shah be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a noticefrom Lender that the Insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30- day period will begin when the notice Is given, in either event, or If Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights, are applicable to the coverage of the Property. Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid underthe Note or this Security instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. proservatlom Maintorumce and Protection of the Proporty; lr»pecdons. Borrower shall not destroy, damage or impairthe Property, alaw the Property to deteriorate orcommRwasta on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing In value due to its condition. Unless it Is determined pursuant to Section5thatrepairorrestorationisnoteconomicalyteasib le, Borrowershaliprompt tyrepairtheProperty if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid init 91AM PENN$YLVANIA�ingle Farrdly- •Pannle MulFseddb Mac UNIFORM INSTRUMENT Form 30391/01 ®1999 -2002 4nrme Documents. Inc. Page 7 of 15 PAUDEDL 8K i 837PGO369 connection with damage to, or the taking at, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds far the repairs and restoration in asingle paymentor in a series of progress payments as thework is completed. N the insurance or condemnation proceeds are notsuffident to repairor restore the Property, Borrower is not relieved of Borrowers obligation for the completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and inspections of the Property. It it has reasonable cause, Lender may inspectthe interior of the improvements an the Property. Lander shall give Borrower notice as the time of or prior to such an interior Inspection spo*hg such reasonable cause. S. Borrower's Loan Appication. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material Information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's interest In the Property and Rights Undorthis Security Instrument. If (a) Borrower falls to perform the covenants and agreements contained in this Security instrument, (b) there Is a legal proceeding that might significantly affect Lender's interest in the Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of s Ilan which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect L.endees interest in the Property and rights under this Security Instrument; including protecting and/orassessing the value of the Property, and securing and/ or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court•, and (c) paying reasonable attorneys' less to protect Its Interest in the Property and /or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is notliimited to, entering the Property to make repairs, change locks, replace onboard up doors and windows, draln water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It Is agreed that Lender Incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by gender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shag bear interest at the Note rate friom the date of disbursement and shag be payable, with such interest; upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shag comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, Without the express written consent of Lender, attar or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. 0 Lender required Mortgage Insurance as a condition of making the Loan, Borrower shag pay the premiums required to maintain the Mortgage insurance in effect If, forany reason, the Mortgage Insurance coverage required by Lender ceases to beavallable from the mortgag Initials PENNSYLVANIA -SInAr Fan%N -Famlo Mas/FroWle Mac UNIFORM INSTRUMENT Fonn 30391/m m 1990 -2oox ono u nocunw,re bw Page 8 of 16 PAUOEDL 8K 1837PG0370, insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an aftemate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage Is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments If Mortgage Insurance coverage (n the amountand for the period that Lender requires) provided byan insurerselected by Lender again becomes available, Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lander required Mortgage Insurance as acondition of making the Loan and Borrowerwas required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- refundable loss reserve, until tender's requirement for Mortgage Insurance ends in accordance with arty written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing In this Section 10 affects Borrower's obligation to pay interest at the rate provided In the Note. Mortgage Insurance reimburses gender (or any entity thatpurchases the Note) for certain losses Itmay incur if Borrower does not repay the Loan as agreed. Borrower Is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to tune, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and coriditions that are satisfactory to the mortgage insurer and the other patty (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result ofthese agreements; Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any ofthe foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing lasses.11such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements wul not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any otherterms of the Loan. Such agreements will not lncreaw the amount Borrower will owe for Mortgage insuirance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - It any - with respect to the Mortgago Insurance undorthe Homeowners Protection Actof 1898 or any other law. Tires* rights may Include the right to receive catuln disclosuros, to request and obtain cancellation of the Mortgage Insuirance, to have the Mortgage Insurance terminated automatically, and /or to rocewe a refundof any Mortgage Insurancepnomiums thatwom unearned atthetlme of such cancellation or termination. PEIeiSYLVAt+rrA -Singh Family- Frrnirlrr MaUFrNldh Mae UMFOAIit 1NSTRUMEfrt Form 303Q tier 0 12W20 Online Documents. Ina Page 9 of 18 PAUDEDL BK i 837 PGO371 a. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, ff the restoration or repair is economically and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement Is made In writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the restoration or repair Is not economically feasible or Lender's securitywould be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In theeventof atotal taking, destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property immediately before the partial taking, destnution, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss In value divided by (b) thefair marketvalueofthe Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss In value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shag be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, afternotice by Lenderto Borrowerthatthe Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower i tags to respond to Lenderwithin 30 days after the date the notice is given, Lender is authorized to collect and apply the Misoeflaneous Proceeds either to restoration or repair of the Property or to the sums secured bithis Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could resuft In forfeiture of the Property or other material impairment of Lender's Interest In the Property or rights under this Security Instrument Borrower can cure such a default and, If acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that. in Lender's judgment, precludes forfeiture of the Property or other material impairment of tender's Interest in the Property or rights under this Security Instrument Initial.et PENNSYLVANIA ,Ingle Family — Fannie MaelFreddfe Mire UNIFORM INSTRUMENT Fenn 30391/01 m 7999,200¢ onnne Doarmvn% Inc. Page 110 of 0 PAUDIDL BK1837PG0372 :i w proceeds of any award or claim for damages that are attributable to the impairment of Lender's Interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied In the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors In Interest of Borrower. Lender shall not be required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by under in exercising any right or remedy Including, without Imitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several I lability; Co- signora; Successors and Assigns Bound. Borrower cov- enants and agrees that Borrower's obligations and liabillty shall be joint and several, However, any Borrower who co -signs this Security Instrument but does not execute the Note (a *cosigner'): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations under this Security Instrumentin writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability and er th Is Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (exceptas provided in Section 20) and benefit the successors and assigns of Lander. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. if the Loan Is subject to a law which sets maximum loan charges, and that law Is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such ban charge shal be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) anysums already collected from Borrowerwhich exceeded permitted limits will be refunded to Borrower. Lander may choose to make this refund by reducing the principal owed under the Nate or by making a direct payment to Borrower. Na refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrowerwill constitute a waiver of any right of action Borrower might have arising out of such ovwch Initial.. I FA PENNSYLVANtAr• Irgre Family -Fannla MaelFreddia Mae UNIFORM INSTRUMEN17 Farm 3039 Im ®1999 -2= Online Documents, Inc. page 11 Of 16 PAUDEDL B11837PGO373 ,......., r _.._... 15, Notless. All notices given by Borrower or Lander in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrowerwhen mailed by first class mail or when actually dallvered to Borrower's notice address dsentby other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lander of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be onlyone designated noticeaddress underthis Security Instrumentatany one time. Any notice to tender shall be given by delivering it or by mallitg it by first class mail to Lender's address stated herein unless Lander has designated another address by notice to Borrower. Any notice In connection with this Security Instrument shah not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 18. Governing Law; Severablllty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. AD rights and obligations contained In this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contractor it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used In this Security Instrument: (a) words of the masculine gender shall magn and include corresponding neuterwords orwords of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to take any action. 17. Borroween Copy. Borrower shall be given one copy ofthe Note and ofthis Security Instrument. 18. Transfer of the Property or a Beneficial lntiarost In Borrower. As used In this Section 18, "interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond far deed, contractfordeed, installment sales contract or escrow agreement, the intentofwhich is the transferoftide by Borroweratafuture dateto a purchaser. if all or any part of the Property or any Interest in the Property Is sold or transferred (or rI Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender If such exercise is profthed by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrowermust pay all sums secured by this Security Instrument If Borrowerfails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Accelerstlom If Borrower meets certain conditions, Borrower shah have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale conta' Initials: PENNSYLVANIA — Single Family rtnio MaalFhKWb Mae UNIFORM MYRUMENT Fong 30591 Jet m 1900.2002 Onrina Docunwft Inc. Page 12 of 16 PAUDEDL BK 1837PG0374 r Ye' v A in this Security instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument, Those conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Nate as If no acceleration had occurred; (b) cures any default of anyother covenants or agreements; (c) pays all expenses incurred In enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security f nstrument; and (d) takes such action as tender may reasonably require to assure that Lender's Interest in the Property and rights underthis Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shag continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lander: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an Institution whosedeposits are insured byatederal agency, Instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security instrument and obligations secured hereby shall remain fuAy effecthveas ifno acceleration had occurred. However, this right to reinstate shag not apply in the case of acceleration under Section 1 a. 20. Sale of Note; Change of Loan Swvlcer; Nottao of Grievance. The Note or a partial Interest . In the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the `Loan Servicer") that collects Periodic Payments due underthe Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servioer unrelated to a safe of the Note. If there Is a change of the Loan Servicer, Borrowerwill be given written notice of the chang ewhich will state the name and address of the new Goan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. if the Note is sold and thereafter the Loan Is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrowerwili remain with the Loan Serviow orbe transferred to a successor loan Servicer .and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser, Neither Borrower nor Lender may commence, join. or be joined to any judiclal action (as either an individual litigant or the member at a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shalt be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20, 21. Hazardous Subatwitem As used In this Section 21: (a) 'Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, orwastes by Environmental taw and the following substances: gasoline, kerosene, other flammable or toxic petroleum productsi toxic pesticides and herbicides, vofatDesolvents, materialscontainingasbestosorformaidehyde ,andradioactivemo at ; Initials: PENNSYLVANIA -Shgw Family -Fannh Maa/FraddM Mike UNIFORM iNSTRiMEM Fenn s032 1/0 0 teas -iooz Online D=umwt . me Page 13 of 1B PAUDEDI- Bit t 637P60375. ^.j (b) "Environmental Law" means federal laws and laws of the jurlsdidoin where the Property is located that relate to health, satiety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition "meansacondition thatcan cause, conttibutmeto, orotherwise triggeran Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is In violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversey affects the value of the Property. The preceding two sentences shaft not apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maWmarnce of the Property (Including, but not limited to, hazardous substances In consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, Including but not limited to, anyspilling, leaking, discharge, releaseorthreat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learn, or is notified by any governmental or regulatory authority, or any private party, that any removal or other. remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. Nothing herein shall create any obligation on Lander for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Accalsrallon; Remedles. Landsrahall gin notlestoBorrowerptiortoaccelomIllonfblkmdng Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable law provides ofherwfso). Lander shW no" Borrower of, among otherthings: (a) the defoult; (b) the action rmiulred to cure rho default; (c) when On default must be cured; and (d) that faNure t ocuretha dafaultas spadtiad may rat In acceleration of do suers secured by this Sacurity instrument foreclosure by Judicial proceeding and sale of the Property. Landershall furtherinform Botrowerof the dghttoreinstste efforaccolera*m and the right to assert In the foreclosure proceeding the non- exhftnea of a defoult or any otter defense of Borrower to acceleration and foreclosure. Ifthe default Is not cured an spacMe4 Lsndw at its option mayroquire fmmedintspayment In full of all sums secured bythlaSecurity Instn invent vAllhoutfurd w dwnend and may foreclose this Secwfty Instrument by judiolal procoeding. Lander steedl be ent8ied to collect all expenses Incurred In purcuirg the remedies provided In this Secfbn 22, indudIng, but not Ilmlted to, attorneyd fees and costs of No evidonca to the extent pam itted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shah pay any recordation costs. Lender maycharge Borrowerafee for releasing this Security Instrument, twtony if thefts is paid to a third party for services rendered and the charging of the fee is permitted under Appficabie Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit InLtialss PENN6YLYArp"nglo Familyr- FxtnrJa MM/FreBdb Yra UNPORM rNBTRtJMEAfr Fenn 5008 lM 1prt 0 1989 2002 Onrrne Dwumw t, Ina Page 14 of 16 PAUDEDL 9Kt837PG0376 '.5 a f' =J A '3. present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Partod, Borrower'stimeto reinstate provided in Section 19 shall extendto onehour prior to the commencement of bidding at a sheffs sate or other sale pursuant to this Security instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payablefrom time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security instrument and In any Rider executed by Borrower and recorded with iL MICHAEL HILHI$H alj PER A ILBISB � ERE, No terY Public yfy Tyrp., York County glsslon Expires May 1, 2007 PEHH8YLVAtaA -S1n& Family-FwnhN Mae/Fraddle Mae UNW* M INMUMENT Form 3QU 1AM O 1570 -2002 OnKne Decunvmte tna Page 16 of 18 PAUDEDL 9K 3 837PGO377 Certificate of Residence ►, R �P Pal a c 11; a �� f �n 464 '1 do hereby certify that the correct address of the within -named Mortgagee is 2600 W. BIG DWAVER RD. TROY micHIGBH 46084 Wdness my and this 1 TYI day of commonvealth p YLVAtr Agent of mortgagee County of r his t .� d U4XFR before me, " ,4 — o t igned officer, personally appeared HICHARL HIISISH AND A , known to me (or satisfactorily proven) to be the person whose name ; subscribed to the within instrument and acknowledged that y V executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. My commission expireso X 1 00 (A J�M .1 NOTARIAL S EAU DAWN 8. FALIBERE, Notary Pubis _ gpringettsbury Twp., Y O* 0=4 Title o Offic My COMMdsdon Exome May 1. 2007 Initials. /rn /�: YLVANIA -lnela Family -FanNa Mae/Fra Mis Mao UNIFORM INSTRUMENT Form 30.191 AM 2002 Onbe Docurront% lnc. Page 10 of la PAUDEDL 1837PGO378 r � � LEGAL DESCRIPTION ALL THAT.CERTAIN piece or parcel of land situate in the Township of East Penosboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northeastern line of Ellen Drive on the hereinafter mentioned plan of lots at the dividing line between Lots Nos. 4 and 5 on said plan; thence by the line of Ellen Drive, North 44 degrees 1 minute West, one hundred and nineteen one- hundredths (100.19) feet to a point; thence by the dividing One between Lots Nos. 5 and 6 on said plan, North 62 degrees 49 minutes East, one hundred seventy -three and seventy -five one - hundredths (173.75) feet to a point; thence by the dividing line between Lots No 2 and 3 on said plan, South 40 degrees 30 minutes East, forty (40) feet to a point; thence by the dividing line between Lots Nos. 3 and 5 on said plan, South 40 degrees 30 minutes East, forty (40) feet to a point; thence by the dividing line between Lots Nos. 3 and 5 on said plan, South 49 degrees 30 minutes West, thirty (30) feet to a point; thence by the same, South 40 degrees 30 minutes East, twenty (20) feet to a point; thence by the dividing line between Lots No. 4 and 5 on said plan, South 49 degrees 30 minutes West, one hundred thirty -two and ninety -four one hundredths (132.94) feet to a point, the place of Beginning. BEING Lot No. 5 in the plan of lots of Sherwood Park, Sections I, which plan is recorded in the Cumberland County Recorder's Office in Plain Beek 12, at Page 29. The Plan of Sherwood Park is the same plan of lots laid out by Theodore E- SgrignoA et ur, and designated as Nola Acres. BEING THE SAME PREMISES which James K. Pasguarette and Kathleen A. Pasquarette, husband and wife, by Deed dated August 5,1996 and recorded August 6,1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 143, Page 941, granted and conveyed unto David C. Simpson and S. Louise Simpson, husband and wife. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore - described tract of land, recorded or unrecorded. Parcel No.: 09- 14-0836 -176 I Certify this to be recorded In Cumberland County PA ��{ 1837 PG037 9 Exhibit D ALL THAT CERTAIN piece or parcel of land situate in the Township of East Penusboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINM NG at a point on the Northeastern line of Ellen Drive on the hereinafter mentioned plan of lots at the dividing line between Lots Nos. 4 and 5 on said plan; thence by the line of Ellen Drive, North 44 degrees 1 minute West, one hundred and nineteen one - hundredths (10019) feet to it point; thence by the dividing line between Lots Nos. 5 and 6 ou said plan, North 62 degrees 49 minutes East, one hundred seventy -three and seventy -five one - hundredths (173.755) feet to a point; thence by the dividing line between Lots No 2 and 3 on said plan, South 40 degrees 30 minutes East, forty (40) feet to a point; thence by the dividing line between Lots Nos. 3 and 5 on said plan, South 40 degrees 30 minutes East, forty (40) feet to a point; thence by the dividing line between Lots Nos. 3 and 5 on said plan, South 49 degrees 30 minutes West, thirty (30) feet to a point; thence by the same, South 40 degrees 30 minutes East, twenty (20) feet to a point; thence by the dividing line between Lots No. 4 and 5 on said plan, South 49 degrees 30 minutes West, one hundred thirty -two and ninety-four one hundredths (132.94) feet to a point, the place of Beginning. BEING Lot No. 5 in the plan of lots of Sherwood Park, Section I, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 12, at Page 29. The Plan of Sherwood Park is the same plan of lots laid out by Theodore E. Sgrignoli, et ux, and designated as Nola Acres. BEING THE SAME PREMISES which James IL Pasquarette and Kathleen: A. Pasquarette, husband and wife, by Deed dated August 5, 1996 and recorded August 6,1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 143, Page 941, granted and conveyed unto David C. Simpson and S. Louise Simpson, husband and wife. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore - described tract of land, recorded or unrecorded. Parcel No.: 09- 14-0836 -176 Exhibit E CitiMortgage, Inc. PRESORT PO Box 9090 Temecula, CA 92589 -90W First -Class Mail U.S. Postage and Fees Paid WSO 7196 9006 9296 9662 9437 Send Payment to: CitiMortgage, Inc. PO Box 689196 Des Moines, iA 50366 -9196 Send Correspondence to: 20131001 -168 CitiWrtgage, Inc. nlll^ "IIlhmil'l;!" 11111 'nl'I'Ilill't,'Irl'il'lulll 6400 Las Colinas Blvd. Irving, TX 75039 MICHAEL HILBISH 4 ELLEN DR ENOLA, PA 17025 -1905 CITIPAACT91 Sent Via Certified Mail Date: 10/01/2013 7196 9006 9296 9662 9437 MICHAEL HILBISH 4 ELLEN DR ENOLA, PA 17025 -1905 RE: Property Address: 4 ELLEN DRIVE FNOLA, PA 17025 CitiMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR NOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached11ages, The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the proeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF TIUS NOTICE. Take this Notice with you when you meet with the Counseling Agent. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, oY u may call the Pennsylvania Housing Finance Agency toll-free at (800) 342 -2397. (Persons with impaired hearing can call 717) 780 -1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOT RCAC16N EN ADJUNTO ES DE SUMA IMPORTANCTA, PUSS AFECTA SU DERECRO A CrrIPAACT91 Page 1of6 7196 9006 9296 9662 9417 CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIIhICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA P)ERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): MICHAEL HILBISH JENNIFER A HILBISH PROPERTY ADDRESS: 4 ELLEN DRIVE ENOLA, PA. 17025 LOAN ACCT. NO.: ORIGINAL LENDER: ABN AMRO MORTGAGE GROUP, INC CURRENT LENDER/SERVICERL CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSLD BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face - to-face' meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addressm and telephone numbers of designated consumer credit counseling agencies for the cou= in which the pro is located are set forth at the end of this Notice. It is only necessary to schedule one face - to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. CITIPAACT91 Page 2 of6 7196 9006 9296 4662 9437 To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from tiling a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PWA WITHIN 30 DAYS OF THAT MEETING THEN TUE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED 'IT'- 7 MPORARY STAY OF FORECLOSURE. " YOU HAYE THE RIGHT TO FILE A REMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREYENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANYTIME BEFORE A SHERIFF'S SALF,, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania housing Finance Agency has sixty (60) days to male a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to dater. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4 ELLEN DRIVE ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/12 through 10/01/13 15 @ $998.99 /month 0 @ $0.00 /late charge /month $14,984.85 Previous Late Charge(s): $0.00 Delinquency Expense(s): $0.00 Unapplied Funds: 506.11 TOTAL AMOUNT PAST DUE! $14,478.74 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14,478.74 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to• CrrIPAACT91 Page 3of6 7146 4006 9296 9662 9437 r CitiMortgage, Inc, P.O. BOY 183040 Columbus, OH 43218 -3040 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von cure the default within the THIRTY (30) DAY period, you will not be reaaired to pav attorney's fees. OTIIER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal Balance and all other sums due under the mortgage. I RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time 0 to one hour before the Sheriff's Sale. You may do so by paving the total amount then I past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure I sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any, other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment or action will be by contacting the tender. HOW TO CONTACT THE LENDER: j Name of Lender: CitiMortgage, Inc. l Address: Homeownership Support Team 1000 Technology Drive, Mail Station 420 OTallon, MO 63368 Phone Number: 855- 843 -2549 ext 340113 Monday through Friday 8:00 - 5:00 p.m. CT Fax Number: 1- 866 -940 -8125 Contact Person: HEATHER.IACKSON Email Address: heather.r.jackson @citi.com i� EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to CITIPAACT91 Page 4 of 7196 9006 1216 9662 9437 or at the sale and that other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOT14ER LENDING INSTITUTION TO PAY OFF THIS DEBT, TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR. YEAR) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER- * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED, OR IS SUBJECT TO AN AUTOMATIC STAY OF BANKRUPTCY ORDER UNDER TITLE 11 OF THE. UNITED STATES CODE, THIS NOTICE IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT ANY SUCH OBLIGATION. CITIPAACT91 Page 5 of6 7196 9006 9296 4662 9437 . HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Lmglestown Road 1514 Deny Street Harrisburg, PA 17102 Iarrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of YorktY Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 - 234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E IFigh Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -1518 717- 780 -3940 800- 342 -2397 HC Page 6of6 7196 9006'9296 9662 9437 *3 CitiMortgage, Inc. PRESORT PO Box 9090 Temecula, CA 92589 -9090 First -Class Mail U.S. Postage and Fees Paid W SO 2277021411 Send Payment to: CitiMortgage, Inc, PO Box 889196 Des Moines, IA 50388 -9196 Send Carrespondenceto- 20131001 -168 CitiMortgage, Inc. IIIIIIIII "I' 11111' III' 'I "IIE'Il'lI��II�IIIIIIIIIIII�I u611I WO Las Colinas Blvd. Irving, TX 75039 MICHAEL HILBISH 4 ELLEN DR ENOLA, PA 17025 -1905 CITIPAACT91 Date: 10101/2013 MICHAEL HILDISH 4 ELLEN DR ENOLA, PA 17025-1905 RE: Property Address: 4 ELLEN DRIVE ENO PA 17025 OtWortgage Loan #: ACT 91 NOTICE TAB ACTION TO SAYE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is pro in the attached capes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEM") may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving amour County are listed at the end of the Notice If you have any questions. you may call the Pennsylvania Housing Finance A ency toll -free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIKCAC16N EN ADJUNTO ES DE SUMA EMPORTANCIA, PUSS AFECTA SU DERECHO A CrIVAACT91 Page 1 of6 2277021411 CONTINUAR VWIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OB'TENGA UNA TRADUCCION INIVIEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANYA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGANIA LLANIADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPO'I `ECA. HOMEOWNER'S NAME(S): MICHAEL HIL131SH JENNIFER A HH.BISH PROPERTY ADDRESS: 4 ELLEN DRIVE ENOI.A, PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER ABN AIARO MORTGAGE GROUP, INC CURRENT LENDER/SERVICFR- CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that tune you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIiiS MEETING MUST OCCUR WITHM THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE AN N SISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for speck information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program CHIPAAMI Page 2 of 6 2277021411 To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEAIAP APPLICATION AS SOONAS POSSIBLE IF YOU HAYE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK" DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREYENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOYE, IN THE SECTION CALLED TEMPORARY STAY OF FORECLOSURE; " YOU HAVE THE RIGHT TO FILE A YIEVAP APPLICATION EYEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREYENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALT" THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, _ THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT I KE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4 ELLEN DRIVE ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 09/01/12 through 10/01/13 15 @ $998.99 /month 0 @ $0.001late chargelmonth $14,984.85 Previous Late Charge(s): $0.00 Delinquency Expense(s): $0.00 Unapplied Funds: 5($ 06.11) TOTAL AMOUNT PAST DUE: $14,478.74 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14,478.74 PLUS ANY' MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. payments must be made either by cash, cashier's check certified check or money order made payable and r R;WY sent to: CrMAACT91 Page 3 of6 2277021411 CitiMortgage, Inc. P.O. BOX 183040 Columbus, OH 43218 -3040 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt Anll be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If fall payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to vav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so bYpaying_the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: Homeownership Support Team 1000 Technology Drive, Mail Station 420 O'Fallon, MO 63368 Phone Number: 855- 843 -2549 ext. 340113 Monday through Friday 8:00 - 5:00 p.m. CT Fax Number: 1- 866 - 940 -8125 Contact Person: HEATHER JACKSON Email Address: heather.r.jackson @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attomey's fees and costs are paid prior to CITIPAACT9] Page 4of6 2277021411 or at the sale and that other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY T'HE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED, OR IS SUBJECT TO AN AUTOMATIC STAY OF BANKRUPTCY ORDER UNDER TITLE 11 OF THE UNITED STATES CODE, THIS NOTICE IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT ANY SUCH OBLIGATION_ Crr PAACT91 Page 5 of 6 2277021411 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Advantage Credit Counseling Service/CCCS of Western PA Community Action Comnussion of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 1-larnsburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maianatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PathStone Corporation PatbStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chawbersburg, PA 17201 717 - 234 -6616 717 - 264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -1518 717- 780 -3940 800 - 342 -2397 HC Page of 22771721411 UUMortgage, Inc. PRESORT PO Box 9090 Temecula, CA 92569 -9090 first Class Mall U.S. Postage and Fees Paid WSO 7196 9006 9296 9662 9444 Send Payment to: CitiMortgage, Inc. PO Box 689196 Des Moines, IA 50368 -9196 Send Carespondenceto: 20131001 -168 CitiMortgage, Inc. �I�I' I�II�IIf�11�1Ii��1ll���l�l�l�lll '1'i'1 "�IEI1111��I I��IIIi 6400 ,as Colinas Blvd. Irving, TX 75039 JENNIFER A HILBISH 4 ELLEN DR ENOLA, PA 17025 -1905 CITI PAACT91 Sent Via Certified Mail Date: 10/01/2013 7196 9006 9296 9662 9444 JENNIFER A IIILDISH 4 ELLEN DR ENOLA, PA 17025 -1905 RE: Property Address: 4 ELLEN DRIVE ENOLA, PA 17025 CitlMortgage Loan #: ACT 91 NOTICE TARE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if >=IEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling _Agency, The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll -free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780 -1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA TMPORTANCW, PUES AFECTA SU DERECHO A CITIPAACT91 Page Iof6 7196 9006 9296 4662 1444 t `5 CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CON'TENIDO 'DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDYATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRtSTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED'IMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JENNIFER A HILBISH MICHAEL HILBISH PROPERTY ADDRESS: 4 ELLEN DRIVE ENOLA, PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER: ABN AMRO MORTGAGE GROUP, INC CURRENT LENDERISERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING Af - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face- to-face meeting. Advise your lender imrnediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. i CITIPAACT9I Page 2of6 7196 9006 9296 9662 9444 To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your facto -face meeting with the counseling agency. YOU SHOULD FILE A HL *MAP APPLICA TION AS SOON AS POSSIBLE I F YOU HA YE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTAMRK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREYENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HATE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREYENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIAM BEFORE A SUERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4 ELLEN DRIVE ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/12 through 10 /01113 15 @ $998.99 /month 0 @ $0.00 /late chargelmonth $14,984.85 Previous Late Charge(s): $0.00 Delinquency Expense(s): $0.00 Unapplied Funds: 5($ 06, l 1) TOTAL AMOUNT PAST DUE: $14,478.74 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14,478.74 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and tM sent to: s Q� CrMAACT91 Page 3 of 7196 9006 9296 9662 9444 CitiMortgage, Inc. P.O. BOX 183040 Columbus, OH 43218 -3040 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: Homeownership Support Team 1000 Technology Drive, Mail Station 420 O'Fallon, MO 63368 Phone Number: 855- 843 -2549 ext 340113 Monday through Friday 8:00 - 5:00 p.m. CT Fax Number: 1- 866 -940 -8125 Contact Person: IMATHER JACKSON Email Address: heather.r.jackson @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to CMPAACT91 Page 4 of6 7196 9006 9296 9662 9444 or at the sale and that other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL TIME PROPERTY TO OBTAIN MONEY TO PAY OFF TIRE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUTr INSTITUTED UNDER THE MORTGAGE DOCUIVIENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER- * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED, OR IS SUBJECT TO AN AUTOMATIC STAY OF BANKRUPTCY ORDER UNDER TITLE 11 OF THE UNITED STATES CODE, THIS NOTICE IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT ANY SUCH OBLIGATION. CITIPAACT91 Page 5of6 7196 1006 9296 9662 9444 XEMAP Consumer Credit Counseling Agencies CUMBERLAND County Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region = 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front S t 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 - 234-6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E high Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800 -342 -2397 i HC Page6of6 7196 9006 4296 9662 9444 CitiMartgage, Inc. PRESORT PO Box 9090 First -Class Mail Temecula, CA 925899090 U.S. Postage and Fees Paid W SO 2277021412 Send Payment to: CitiMortgage,Inc. PO Sox 689196 Des Moines, IA 50368 -9196 Send Camtspondence to: 20131001 -168 CitiMatgage, Inc. �I .I I I �III���Il I � IIl, � , �I�� , I� "11 „„I I ��IEI'��'�I'I'II sang i.as 75039 Bled. JENNIFER A HILBISH Irving, TX 75039 4 ELLEN DR ENOLA, PA 17025 -1905 CITIPAACT91 ;s a Date: 10/01/2013 JENNIFER A HILBISH 4 ELLEN DR. ENOLA, PA 17025 -1905 RE: Property Address: 4 ELLEN DRIVE ENOLA, PA 17025 CitiMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the moriga a on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paces. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agenc. The name, address, and phone number of Consumer Credit Counseling_ Agencies serving your County are listed at the end of the Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll -free at (800) 342 -2397 (Persons with impaired hearing can call 717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTMCAC16N EN ADJUNTO ES UE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CMPAACT9 ] Page 1 of6 2277021412 CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOITFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JENNIFER A HILMSH MICHAEL HILBISH PROPERTY ADDRESS: 4 ELLEN DRIVE ENOLA, PA 17025 LOAN ACCT. NO_: ORIGINAL LENDER ABN AMRO MORTGAGE GROUP, INC CURRENT LENDER/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "_ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU ME ET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to -face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. MWAACT91 Page 2 of6 2277021412 To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will. assist you in submitting a complete application to the Pennsylvania Dousing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE: IF YOU HAVE A MEETING WITH A COUASELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN M DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STA Y OF FORECLOSURE." YOU IIAYE THE RIGHT TO 771.E A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FOREC'L'OSURE ACTION, BUT IF YOUR APPLICATION IS EYENTUALLY APPROYED AT ANY TIME 13I5 - FORE A SHERWF'S SALE, ! THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED .AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). i NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4 ELLEN DRIVE ENO" PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:. 08/01/12 throu 10/01/13 15 @ $998.99 /month 0 @ $0.00/late charge/month $14,984.85 Previous bate Charge(s): $ Delinquency Expense(s): $0.00 Unapplied Funds: $506.11 TOTAL AMOUNT PAST DUE: $14,478.74 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14,478.74 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. _Payments must be made either by cash cashier's cheek_ certified check or money order made p and .2 sent to: CITIPAACT91 Page 3 of 2277021412 CitiMortgage, Inc. P_O. BOX 183040 Columbus, OH 43218 -3040 IF YOU DO NOT CURE TIIE_DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged trronerty IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY neriod, you will not be repaired to nav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURL THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right t to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by pa +Ling the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitilVlortgage, Inc. Address: Homeownership Support Team 1000 Technology Drive, Mail Station 420 OTallon, MO 63368 Phone Number: 855- 843 -2549 ext 340113 Monday through Friday 8:00 - 5:00 p.m. CT Fax Number: 1 -866- 940 -8125 Contact Person: HEATHER JACKSON Email Address: heather.r.jackson @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to CrrIPAACTVI Page 4of6 2277021412 or at the sale and that otlier requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACBED LIST TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED, OR IS SUBJECT TO AN AUTOMATIC STAY OF BANKRUPTCY ORDER UNDER TITLE LI OF THE UNITED STATES CODE, THIS NOTICE IS FOR COMPLIANCE AND INFORMATIONAL .PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT ANY SUCH OBLIGATION. Cfr3PA&MI Page 5of6 2277021412 t: . HEIVMAP Consumer Credit Counseling Agencies CUMBERLAND County Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Unglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 -232 -9757 HousingADiance of York1Y Housing Resources Maranatba 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717 - 762 -3285 PathStoue Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717 -264 -5913 PA .Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800- 342.2397 i HC Page 6 of 6 2277021412 . 1664 THE COURTS FORM 1 CitiMortgage, Inc., successor by merger with IN THE COURT OF COMMON PLEAS ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY, 1000 Technology Drive PENNSYLVANIA O'Fallon, MO 63368, Plaintiff, II CIVIL Vs. Michael Hilbish 4 Ellen Drive Enola, PA 17025, and Jennifer A. Hilbish 4 Ellen Drive' Enola, PA 17025, Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared. on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out - reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Robert W. Williams, Esquire Milstead & Associates, LLC 1 E. Stow Road Marlton, NJ 08053 856- 482 -1400 856- 482 -9190 (f) PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 1665 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default Is the loan in Bankruptcy? Yes ❑ No ❑ 88.31958 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 1666 THE COURTS If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats. motorcycles ): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2' Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payments Cable TV Child Su ort/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 88.31958 2 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 1667 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑No❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ✓ Proof of income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation (hardship letter) ✓ Listing agreement (if property is currently on the market) MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482 -1400 Attorney for Plaintiff File: 88.31958 CitiMortgage, Inc., successor by merger COURT OF COMMON PLEAS with ABN AMRO MORTGAGE GROUP, CUMBERLAND COUNTY INC. 1000 Technology Drive O'Fallon, MO 63368 Plaintiff, No.: Vs. CIVIL ACTION MORTGAGE FORECLOSURE Michael Hilbish 4 Ellen Drive Enola, PA 17025, and Jennifer A. Hilbish 4 Ellen Drive Enola, PA 17025 Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. SHERIFF'S OFFICE OF CUMBERLAND �������� ~�. .=~.�"v " �� ~=n . .��~~ ~=o ~~��"�x��~~"��.��.°~� COUNTY " Ronny R Anderson rri Sheriff Zr" CT) 17 <�� z^,� o �� �� of Ciao Jody S Smith Chief Depu Richard W Stewart Solicitor v47 OF-ME OF FRS SHERIFF oo C|T>yNORTGAGE.|nc.GD]8MhoABNAMRO vs. Michael Lee Hilbish (et al.) Case Number 2014-1179 SHERIFF'S RETURN OF SERVICE 0303/2014 04:51 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint & Notice by "personaily handing a true copy to a person representing themselves to be the Defendartt, to wit: Michael Lee Hilbish at 4 Ellen Ohve, East Pennsboro, Eno|a, PA 17025. 0303/2014 04:51 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Michael Hilbish, Huaband, who accepted as "Adult Person in Charge" for Jennifer Hilbish at 4 Ellen Drive, East Pennsboro, Enola, PA 17025. E0 ART P0Y SHERIFF COST: $GU.Q5 SO ANSWERS, March 05, 2014 R R ANDERSON, SHERIFF MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 OP- THE 21114 AU& 22 4N 1U 4 9 D �; NBERL PENIVSYLVgN1gNTr, Attorney for Plaintiff 88.31958 CitiMortgage, Inc., successor by merger with ABN AMRO MORTGAGE GROUP, INC., Plaintiff, Vs. Michael Hilbish, and Jennifer A. Hilbish, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-1179 Civil Praecipe to Dismiss the Mortgage Foreclosure Action without Prejudice TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD & ASSOCIATES, LLC Robert W. Williams, Esquire Attorney ID No. 315501